Mallika Manna v. State Of West Bengal And ORS.

11.01.2023 Court No. 19 Item no.24 CP WPA No. 635 of 2023 Mallika Manna Vs.

The State of West Bengal & Ors.

Mr. Krishna Pada Santra ....for the petitioner.

Mrs. Rupsha Chakraborty ....for the State respondents.

Affidavit of service filed in Court today be taken on record.

The husband of the petitioner was a Karmee of Mashila Gram Panchayat, who died in harness on 05.06.2015. The pension Payment Order was issued on 08.12.2015. The petitioner received the gratuity and arrear family pension on 13.01.2016. The grievance of the petitioner is that interest on the delayed payment of gratuity and arrear family pension has not been paid.

It is the settled law that the right of a retired employee to get his/her retiral dues on the date of attaining superannuation is a valuable right which accrues in his favour on the date of attaining superannuation. Any delay will carry interest. Gratuity and pension are no longer a bounty to be handed out by the State at its whim. An employee has a right to receive gratuity and pension as also

interest on delayed payment of the same, upon retirement.

As such, in view of decision of Union of India Vs. Tarsem Singh reported in (2008) 8 SCC 648 in spite of delay in making the application for interest on gratuity the delay is not a fatal and shall not take away the claim of the petitioner in getting interest on delayed payment.

In view thereof, this writ petition stands disposed of with a direction upon the respondents and particularly the concerned Treasury Officer to pay to the petitioner interest on the revised gratuity and revised arrear pension @ 5% per annum on the gratuity and arrear family pension amount from the date of death of the husband of the petitioner till the actual date of actual payment. Such payment shall be made within 12 weeks from the date of service of an authenticated copy of this order.

Needless to mention that before any disbursement is made, the disbursing authority shall satisfy himself about the genuineness of the claim and verify the signature and identity of the claimant, who is before this Court.

With the aforesaid observation and directions, this writ application stands disposed of.

There will, however, be no order as to costs.

Urgent photostat certified copy of this order, if applied for be given to the petitioner on priority basis.

(Shampa Sarkar, J.)